The Seneca Falls Town Board Held a Reorganizational and Regular Monthly Meeting on Tuesday

SENECA FALLSTOWN BOARD REORGANIZATIONAL & REGULAR MEETING JANUARY 2, 2018

The Seneca Falls Town Board held a Reorganizational and regular monthly Meeting on Tuesday, January 2, 2018 in the Town Hall Meeting Room, 130 Ovid Street.

Present were Supervisor Gregory Lazzaro; Councilmen Vittorio Porretta, Douglas Avery, Dave DeLelys and Louis Ferrara. Also present were David Foster, Town Attorney; Dean Zettlemoyer, Zoning Officer; James Spina, Commissioner of Parks and Recreation; Stuart Peenstra, Police Chief; Stephanie Holtz, Assessor; James Peterson, Highway Superintendent; Joseph Tullo, WWTP Operator; John Condino and Peter Baker of Barton & Loguidice and a Member of the local media.

Supervisor Lazzaro opened the Reorganizational and regular monthly Meeting at 6:00 P.M. A roll call of Board Members was taken and all were present; the Pledge of Allegiance followed.

Point of Personal Privilege:

Councilman Avery stated he believes for the good of the Town, Seneca Falls must continue moving toward 2025 closure of Seneca Meadows, and he will continue to work toward that end. He also believes that payments spelled out in the Host Community Agreement must continue as long as garbage is being dumped within our borders each day; if payments cease, then so must their permission to operate. Mr. Avery said it is his hope that the Board will work together to promote new development and new revenue streams so that when the Host Community payments cease eight years from now, the impact on Seneca Falls property owners is minimized. He promised to balance support for the Town’s programs, departments and employees with the need for carefully controlled spending.

2018 Appointments:

A motion was made to appoint David L. Foster Town Attorney by Greg Lazzaro and seconded by Lou Ferrara. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to appoint the Firm of Boylan Code as Environmental Attorneys by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to reappoint Kathryn Lankford as Deputy Town Clerk by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to reappoint Linda Marzan as Deputy Town Clerk/Tax Receiver by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to reappoint Deborah Rogers, Eileen Schmidt and Ashley VanDoren as Court Clerks by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

Mr. Lazzaro appointed Lou Ferrara as Deputy Supervisor.

A motion was made to appoint Timothy Pagano as Deputy Highway Superintendent by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to appoint Nicaletta Greer as Assistant to Zoning Officer by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to reappoint Kathryn Lankford as Secretary to Planning and Zoning Boards by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to appoint Nicaletta Greer as Registrar of Vital Statistics by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to appoint Kathryn Lankford as Deputy Registrar of Vital Statistics by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to appoint Nicaletta Greer as Records Management Officer by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to reappoint Dallyn Jenkins as Dog Control Officer by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to appoint David Baker and Shannon Kelley as Members of the Recreation Commission by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to appoint Stuart Peenstra as Ex-Officio of the Recreation Commission by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to reappoint Dan Emmo as a Member of the Zoning Board of Appeals, said term to expire December 31, 2022, by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes,

0 nayes.

A motion was made to appoint Frank DeJohn as an Alternate Member of the Zoning Board of Appeals by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to reappoint Domenica Catalano as a Member of the Heritage Preservation Commission by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to reappoint Duane Moore as a Member of the Cemetery Commission by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to reappoint Fran Barbieri as Town Historian by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to appoint Barton & Loguidice as the Town’s Engineering Firm by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to appoint the Bonadio Group as Town Auditors by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to hold the regular monthly Town Board Meetings at 6:00 P.M. on the first Tuesday of each month by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to designate the Community Bank, Five Star Bank, M&T Bank and Lyons National Bank for the deposit of Town monies by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to appoint the Reveille Between the Lakes as the Town’s official newspaper by Greg Lazzaro and seconded by Vic Porretta. After brief discussion concerning the Reveille being a weekly newspaper and how many people it reaches, the motion was carried 5 ayes, 0 nayes.

A motion was made to adopt the current IRS mileage rate by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to adopt the attached Procurement Policy by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

Committee Assignments: Mr. Lazzaro requested that each Town Councilman express their interest in what Committees they would like to serve on, and he will put the Committee assignments out before the next Meeting.

Petitioners:

Paul Kelsey – Taxes: Paul Kelsey stated he heard that Seneca Meadows is not holding back the money and they gave us the money. Mr. Lazzaro said the last quarter of 2017 is not due yet. Mr. Kelsey said it looks like they are going to pay us or else the Town can shut them down. The Village was dissolved because of taxes, and now his taxes are 60% higher. Businesses got a 60% raise, including Goulds Pumps. The Union fights every day to keep Goulds in Seneca Falls. Mr. Kelsey said you are increasing a business that has been here over 100 years which could make them move to another State. He added it’s going to be hard to get new businesses to come here. Mr. Kelsey stated the Landfill is going to be here long after 2025 because the Governor of New York is not going to let that landfill close as long as they have someplace to put New York City garbage.

Mr. Kelsey said he would like to know – if the Town gets the Landfill money, what happens to the money already collected on taxes – what is that money going to be used for, and where is it going. Mr. Lazzaro stated the Town does have plans for the money, and the Board will have to discuss any new plans. He has always been open about what is planned for the money – it has to go for infrastructure, but the whole Board has to agree on that.

Robert Magill – Incinerators: Robert Magill stated in today’s paper, there is an ad for Sunday’s Meeting at the RomulusSchool on the problems, dangers and alternatives to incineration. What he has seen so far, is a lot of misleading information and false information. You need to go to a reliable source, such as the EPA. Mr.

Magill thinks you will see some discrepancies in the EPA report as to what these people have been saying.

Valerie Sandlas – Trash Train/Incinerator Project: Valerie Sandlas, Chairperson of the Seneca Falls Environmental Action Committee, requested that the Board help protect our environment by implementing zero waste plans and policies. She urged the Board to take a stand against the Romulus incinerator proposal by contacting the Romulus Town Planning and Zoning Boards to tell them that SenecaCounty and the Finger Lakes region should not be the dumping ground for New YorkState. Mrs. Sandlas urged the Board to attend the Informational Forum about the trash train incinerator on January 7th at the RomulusSchool. She said the Environmental Action Committee is requesting that the Board do everything in their power to preserve Local Law #3. Mrs. Sandlas requested that the Board visit the DEC website in order to formulate a local solid waste management plan suggested by the DEC.

Approval of Minutes:

A motion was made to approve the minutes of the Special/Budget Meeting of November 13, 2017, the Budget Meeting of November 16, 2017 and the Public Hearing and Meeting of December 5, 2017 by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 4 ayes, 0 nayes and 1 abstention; Councilman Avery abstained from voting as he was not on the Board at the time of the Meetings.

Reports:

Dog Control Officer: No report.

Zoning Officer: A motion was made to approve Mr. Zettlemoyer’s report by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

Commissioner of Parks & Recreation: A motion was made to approve Mr. Spina’s report by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

Highway Superintendent: A motion was made to approve Mr. Peterson’s report by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

Assessor: A motion was made to approve Mrs. Holtz’s report by Greg Lazzaro and seconded by Doug Avery.

Mrs. Holtz said in her report, she requested permission to run an ad for her Aide. The consensus of the Board was to authorize Mrs. Holtz to run an ad.

The above motion made by Greg Lazzaro and seconded by Doug Avery to approve Mrs. Holtz’s report was carried 5 ayes, 0 nayes.

Town Attorney: Mr. Foster stated the potential return date on the Seneca Meadows litigation appears to be April 17, 2018 in front of Justice Doyle in Rochester. He said there will be a scheduling appearance that day, and he doesn’t believe any motion will be argued.

Mr. Foster said he was asked by the Board to contact outside Counsel with regard to the status on litigation for the eminent domain. He has Counsel in place and backup Counsel in place, depending upon the Board’s preferences. Mr. Foster stated it’s an issue that should be addressed with the whole Board present. He noted the Public Hearing will be repeated. Mr. Lazzaro said he believes the Board should go ahead with this. There have been meetings and numerous attempts were made to contact the Owner which has not been successful. Mr. Lazzaro suggested that the regular Meeting be held at 6:00 P.M. on February 6th, and the Public Hearing at

7:00 P.M. Brief discussion followed.

A motion was made to hold a Public Hearing at 7:00 P.M. on February 6, 2018 relative to the issue of the Ludovico Sculpture Trail and eminent domain by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

Town Justices: A motion was made to approve Judge Lafler and Judge Laquidari’s reports by Greg Lazzaro and seconded by Dave Delelys. No questions. Motion carried 5 ayes, 0 nayes.

Water and Sewer: A motion was made to accept Mr. Tullo’s report by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

Police Chief: A motion was made to approve Chief Peenstra’s report by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes.

Barton & Loguidice: Mr. Baker stated in lieu of a written report, they are hoping to set up an Informational

Meeting to discuss the current and planned Infrastructure projects. After brief discussion, it was decided that the date for the Informational Meeting will be January 16, 2018 at 6:00 P.M., after the tentative Public Hearing (at 5:30 P.M.) regarding a bond issue on the same Evening.

Committee Reports: There were no Committee Reports.

Communications:

A motion was made to receive and file Communications numbered 1 to 9 by Greg Lazzaro and seconded by Dave DeLelys. No questions. Motion carried 5 ayes, 0 nayes. Communications numbered 1 to 9 are as follows:

1. Deposits totaling $5,137.17 representing Community Center and Vince’s Park deposits.
2. Certificate of Result of Elections for Commissioner from the Bridgeport Fire District.
3. Statement of Accounts, April 1, 2011 to November 30, 2017, from Wilmington Trust.
4. Thank you note for the Town’s donation to the Seneca County Literacy Committee from Dede Olufsen, Chair.
5. Checks totaling $264,640.36 representing Judge Lafler and Judge Laquidari’s October and November 2017 Reports; Town Clerk’s September and October 2017 Reports; Tax Stabilization principal and interest payment; Health Insurance premiums; Disability reimbursements; water tower rent; copies of Police reports; dumpster fees and grave opening fees from Springbrook Cemetery.
6. Monthly Report of all moneys received and disbursed during the month of November 2017 from Town Supervisor.
7. Checks totaling $4,560.25 representing Disability reimbursement; grave opening; 2016 and 2017 NYMIR capital returns; Health Insurance premium; fuel reimbursements; dumpster fees and copies of Police reports.
8. Section 504 Compliance Handbook, December 2017, from LRP Publications.
9. Email from Charter Communications (locally known as Spectrum) relative to notifying customers of upcoming changes and price adjustments.

Old Business:

Sale of Condominium & Surplus Properties: No report.

Write-Off Uncollectable Receivables: No report.

Route 414 Sewer Line Transfer from IDA to Town: Mr. Foster said we are still waiting for some of the easement issues to be resolved.

New Business:

Authorize Town Supervisor to InvestTown Monies: A motion was made authorizing the Town Supervisor to invest Town monies by Dave DeLelys and seconded by Doug Avery. No questions. Motion carried 4 ayes,

0 nayes.

Delegate & Alternate Delegate – Association of Towns Meeting: A motion was made designating Dave DeLelys as Delegate and Doug Avery as Alternate Delegate to attend the Business Session of the Association of Towns Meeting by Greg Lazzaro and seconded by Vic Porretta. No questions. Motion carried 5 ayes, 0 nayes.

Approval of Special Events: There were no Special Events. Mr. Spina reminded the Board of the Women’s March on Saturday, January 20th. Chief Peenstra has put together a Meeting of all parties involved for Thursday. Speeches will held at the Community Center. Brief discussion followed.

Resignation – School Crossing Guard: A motion was made to accept the resignation of Gino Porretta as School Crossing Guard by Greg Lazzaro and seconded by Dave DeLelys.

Mr. Lazzaro asked how long has he served; Mr. Porretta replied close to 20 years. Mr. DeLelys and Mr. Lazzaro thanked Mr. Porretta for his years of service. Chief Peenstra said he would like to personally thank Mr. Porretta for all his years of service. He and the other Crossing Guards have been dedicated employees that show up every single day and never complain. The Chief said they are the ideal employees, and they make sure the kids cross safely. He appreciates their service.

The above motion made by Greg Lazzaro and seconded by Dave DeLelys to accept the resignation of Gino Porretta as School Crossing Guard was carried 5 ayes, 0 nayes.

Community Center – Trane HVAC Contract: Mr. Spina stated in the past, they have had a 3-year service contract with Trane who put in the equipment at the Community Center and Vince’s Park; their 3-year contract is up. He is requesting approval to renew the 3-year contract. Mr. Spina explained that it covers any and all

maintenance – it is preventive maintenance and also maintenance of breakdowns. They will come 24-7, 365 days a year for emergency calling; the equipment is expensive when you need to fix it. He indicated that the cost is $17,678.00 for the first year which is budgeted.

A motion was made to renew the 3-year contract with Trane at a cost of $17,678.00 for the first year which is budgeted by Dave DeLelys and seconded by Doug Avery. No questions. Motion carried 5 ayes, 0 nayes.

Parks/Rec – Recreation Leader Position: Mr. Spina stated that during the Budget sessions, he came up with a plan to possibly fulfill a position to help alleviate the process that is going on, and also to deal with a more consistent approach in the evenings by having the same person every night until 9:00 P.M. When he put together this proposal, he also stated that it would save money – he sent the Board an email showing the savings. Mr. Spina stated all the cuts would be about $76,000; the proposal is $39,000. The plan is to hire a full time Recreation Leader; it’s a Civil Service position – non-competitive with no test involved. There is a person on staff that is doing most of those jobs on a part-time basis.